Vote Bundle Text (920516-07)

Amendments proposed to the Adoption and Children Bill, As Amended - continued	House of Commons

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Meaning of "harm" in the 1989 Act

Ms Rosie Winterton

NC6

To move the following Clause:—

'In section 31 of the 1989 Act (care and supervision orders), at the end of the definition of "harm" in subsection (9) there is inserted "including, for example, impairment suffered from seeing or hearing the ill-treatment of another".'.

Advice and assistance for certain children in need

Mr Hilton Dawson
Mr Elfyn Llwyd

NC12

To move the following Clause:—

'In section 24(2) of the 1989 Act, there is inserted—

"(f)	provided with accommodation under section 17 in circumstances where he was unaccompanied by an adult.".'.

Mr Secretary Milburn

Page 55, line 38 [Clause 107], after '18(1)', insert ', and sections 18(2)(b) and 20(1)(a),'.

Mr Secretary Milburn

Page 58, line 12 [Clause 111], at end insert—

'(d)	a local authority foster parent with whom the child has lived for a period of at least one year immediately preceding the application.'.

Mr Secretary Milburn

293

Page 58, line 45 [Clause 111], at end insert—

'( ) This section is subject to section 28(3B) and (3C) of the Adoption and Children Act 2002.'.

Mr Secretary Milburn

Page 59, line 3 [Clause 111], after first 'made', insert—

'(a)'.

Mr Secretary Milburn

Page 59, line 4 [Clause 111], at end insert 'and

(b)	any section 8 order in force with respect to the child should be varied or discharged.'.

Mr Secretary Milburn

Page 59, line 14 [Clause 111], leave out 'later order made' and insert 'other order in force with respect to the child'.

Mr Secretary Milburn

294

Page 59, line 39 [Clause 111], at end insert—

'( ) This section is subject to section 28(3D) of the Adoption and Children Act 2002.'.

Mr Secretary Milburn

Page 60, line 2 [Clause 111], at end insert—

'(ca)

any individual not falling within any of paragraphs (a) to (c) who has, or immediately before the making of the special guardianship order had, parental responsibility for the child;'.

Mr Secretary Milburn

278

Page 60, [Clause 111], leave out lines 11 and 12 and insert—

'(3) The following must obtain the leave of the court before making an application under subsection (1)—

(a)	the child;

(b)	any parent or guardian of his;

(c)	any step-parent of his who has acquired, and has not lost, parental responsibility for him by virtue of section 4A;

(d)	any individual falling within subsection (1)(ca) who immediately before the making of the special guardianship order had, but no longer has, parental responsibility for him.'.

Mr Secretary Milburn

279

Page 60, line 17 [Clause 111], leave out 'parent or guardian of the child' and insert 'person falling within subsection (3)(b), (c) or (d)'.

Mr Secretary Milburn

231

Page 60, line 18 [Clause 111], leave out 'of' and insert 'in'.

Mr Secretary Milburn

101

Page 60, [Clause 111], leave out lines 20 to 22.

Mr Secretary Milburn

102

Page 61, line 5 [Clause 111], leave out 'A local authority may, and in prescribed cases must,'.

Mr Secretary Milburn

103

Page 61, line 9 [Clause 111], at end insert—

'(c)	any other person who falls within a prescribed description,'.

Hilton Dawson

146

Page 61, line 9 [Clause 111], at end insert—

'(c)	A parent.'

Mr Secretary Milburn

104

Page 61, [Clause 111], leave out lines 10 and 11 and insert 'a local authority may carry out an assessment of that person's needs for special guardianship support services (but, if the Secretary of State so provides in regulations, they must do so if he is a person of a prescribed description, or if his case falls within a prescribed description, or if both he and his case fall within prescribed descriptions).

( ) A local authority may, at the request of any other person, carry out an assessment of that person's needs for special guardianship support services.'.

Mr Secretary Milburn

105

Page 62, [Clause 111], leave out lines 20 to 22 and insert 'any person to whom they may provide special guardianship support services'.

Mr Hilton Dawson

132

Page 63, line 5 [Clause 112], at end insert—

'(1B) Regulations may be made by the Secretary of State requiring the local authority to arrange for the appointment of an independent advocate on receiving representations under subsection (1).'.

Mr Hilton Dawson

133

Page 63, line 27 [Clause 112], at end insert—

'(3C) Regulations may be made by the Secretary of State requiring the local authority to provide independent advocacy to looked after children who make a complaint under the Children Act 1989.'.

Mr Secretary Milburn

259

Page 64, line 2 [Clause 113], leave out from 'a' to end of line 3 and insert 'section 31A plan"'.

Mr Secretary Milburn

260

Page 64, line 8 [Clause 113], after 'plan' insert '("a care plan")'.

Mr Secretary Milburn

261

Page 64, line 9 [Clause 113], leave out from 'child' to end of line.

Mr Secretary Milburn

262

Page 64, line 10 [Clause 113], leave out from 'pending' to 'the' in line 11.

Mr Secretary Milburn

263

Page 64, line 20 [Clause 113], at end insert—

'(6) A plan prepared, or treated as prepared, under this section is referred to in this Act as a "section 31A plan"'.

NEW CLAUSE RELATING TO THE REMAINDER OF PART 3

Amendment of Adoption (Scotland) Act 1978: contravention of sections 29 to 35 of this Act

Mr Secretary Milburn

NC16

To move the following Clause:—

'After section 29 of the Adoption (Scotland) Act 1978 there is inserted—

"29A Contravention of sections 29 to 35 of Adoption and Children Act 2002

(2) Those enactments are—

(a)	section 29(1), (2) and (3) (removal of child placed or who may be placed for adoption),

(b)	sections 31(2)(b), 32(2) and 34(2) (return of child by prospective adopters),

(c)	section 33(1) (removal of child in contravention of placement order),

(d)	section 35(1) (removal of child in non-agency case), and

(e)	section 35(5) (return of child to parent or guardian),

of the Adoption and Children Act 2002." '

Mr Secretary Milburn

271

Page 53, line 28 [Clause 101], after 'order' insert 'or an order under section 25 of the Adoption (Scotland) Act 1978 (interim adoption orders)'.

Mr Secretary Milburn

252

Page 54, line 8 [Clause 102], after 'order' insert 'or an order under Article 26 of the Adoption (Northern Ireland) Order 1987 (interim orders)'.

Mr Secretary Milburn

253

Page 54, line 9 [Clause 102], at end insert—

'( ) An order made under Article 17 or 18 of the Adoption (Northern Ireland) Order 1987 (freeing orders), or the variation or revocation of such an order under Article 20 or 21of that Order, have effect in England and Wales as they have in Northern Ireland'.

Mr Secretary Milburn

247

Page 54, line 30 [Clause 104], leave out from 'provide' to 'any' in line 38 and insert—

'(a)	for a reference in any provision of this Act to an order of a court to include an order of a court in the Isle of Man or any of the Channel Islands which appears to the Secretary of State to correspond in its effect to the order in question,

(b)

for a reference in any provision of this Act to an adoption agency to include a person who appears to the Secretary of State to exercise functions under the law of the Isle of Man or any of the Channel Islands which correspond to those of an adoption agency and for any reference in any provision of this Act to a child placed for adoption by an adoption agency to be read accordingly,

(c)	for a reference in any provision of this Act to an enactment (including an enactment contained in this Act) to include a provision of the law of the Isle of Man or any of the Channel Islands which appears to the Secretary of State to correspond in its effect to the enactment,

(d)	for any reference in any provision of this Act to the United Kingdom to include the Isle of Man or any of the Channel Islands.

( ) Regulations may modify any provision of this Act, as it applies to any order made, or other thing done, under the law of the Isle of Man or'.